BILL ANALYSIS
AB 1207
Page 1
Date of Hearing: January 18, 2006
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
AB 1207 (Yee) - As Amended: January 4, 2006
Policy Committee: ElectionsVote:5-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill adds a provision to the Code of Fair Campaign
Practices (Code) that states a candidate will not use or permit
any appeal to negative prejudice based on sexual orientation or
gender identity.
FISCAL EFFECT
Minor absorbable costs for the Secretary of State to revise and
provide to local elections officials copies of the revised Code.
COMMENTS
1)Background . Candidates for public office, at the time they
file their declaration of candidacy or nomination papers, are
provided a copy of the Code of Fair Campaign Practices by
elections officials. Candidates may voluntarily subscribe to
the Code, but are not required to subscribe to or endorse the
Code. Elections officials must accept signed forms from
candidates who subscribe to the Code anytime prior to the
election and make the signed forms available for public
inspection for 30 days after the election.
2)Prior Legislation . In 2005, AB 866 (Yee), which was identical
to this bill, was vetoed by the governor. In his veto message,
the governor seemed to question the efficacy of the Code of
Fair Campaign Practices in general, and stated that he trusted
the voters to be the best judge of conduct of a campaign when
they exercise their franchise to vote.
3)Purpose . In part, a candidate subscribing to the Code agrees
not to "use or permit any appeal to negative prejudice based
AB 1207
Page 2
on race, sex, religion, national origin, physical health
status, or age." AB 866, sponsored by Equality California,
adds sexual orientation and gender identity to this statement.
According to the author, "In the politically divisive debate
over the rights of LGBT people, there are many instances of
candidates and campaigns using a negative appeal for support
using anti-gay rhetoric. These negative appeals are
potentially dangerous to LGBT people, and in some campaigns
these have led to an atmosphere of fear, intimidation, and
instances of violence?Appeals to prejudice of any kind should
not be part of the political process."
4)Opposition . The Concerned Women for America believes "AB 1207
is a direct challenge to free speech, as well as to the
religious and moral beliefs of persons running for public
office. It would create separate categories of candidates who
are and who are not willing to sign the voluntary campaign
statement and thereby render those who do not as potential
targets for ridicule. . ."
"AB 1207 stifles public discourse on some of the most hotly
contested current issues in our state and nation, including
same-sex "marriage." During an election campaign, candidate
views on such topics represent an integral part of the
political process and critical information for the voting
public."
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081